Research On The Reasonable Use Of Works In Short Video Production

In the digital age,the short video industry is developing rapidly,and gradually becomes the key factor to promote the development of Internet industry.However,more and more copyright problems are exposed behind the prosperity of short video industry.With the progress of technology,the contact and use of works are more and more convenient.There are many short videos created by using other people’s works in short video industry,which leads to a large number of infringement disputes about using other people’s works in short video production.The use of other people’s works in short video production involves the reproduction,adaptation and network communication of the original works,which may has a huge impact on the system of fair use of copyright.Does such use of works constitute infringement or fair use? How to unify the recognition standard of the reasonable use of short video works in China through the improvement of the specific application factors of the reasonable use judgment standard and the improvement of the applicable path? The solution of these problems is of great significance for giving full play to the coordinating role of fair use system in the rights holders,users and public interests,improving the enthusiasm of all parties in the short video industry,and promoting the prosperity and progress of the whole social and cultural undertakings.In short video production,whether the use of works can constitute a reasonable use needs to be considered with legitimacy.On the one hand,from the perspective of jurisprudence,constitutional law and law economics,we can analyze the fair and just concept of fair use system,the protection of citizens’ freedom of speech and the realization of positive externality of short video works;On the other hand,from the perspective of the agreement between the use of works in short video production and reasonable use,we can explore the agreement between the use of works in short video production and the legislative value of interest balance,and the agreement with the "three-step test " standard and the new "transformative use" theory.Therefore,it is clear that the reasonable use of short video production is justified.However,in short video production,there are difficulties in the system level and the development environment level in the reasonable use of works,including the limitations of the application of "personal use" and "appropriate reference" in the existing reasonable terms of use in China,the legal relationship imbalance caused by the continuous expansion and rational use weakening of copyright under the network environment.Therefore,based on the current laws and regulations,it is necessary to explore the factors that should be considered in the application of the judgment standard of reasonable use and the path to improve the application of the law,so as to respond to the dispute on the reasonable use of works in short video production.According to the purpose of using other people’s works in short video production,it can be divided into introduction comment,explanation,satire and other reappearance editing behaviors.According to different types of short video editing behaviors,it is advisable to adopt the applicable path combining the "three-step test" standard with the new "transformative use" theory.However,the legal application path of reasonable use is not equal to the recognition of the legitimacy of all means of using works in short video production.Based on the concept of interest balance,it is still necessary to analyze the factors that should be considered when judging whether different types of editing meet the criteria of reasonable use.